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PEOPLE v. PHEBUS

Docket No. 56459.

116 Mich. App. 416 (1982)

323 N.W.2d 423

PEOPLE v. PHEBUS

Michigan Court of Appeals.

Decided May 20, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Chief Appellate Attorney, for the people.

Rappleye, Wilkins & Arcaro, for defendant.

Before: M.F. CAVANAGH, P.J., and ALLEN and E.C. PENZIEN, JJ.

ALLEN, J.

Which criminal offense, larceny or obtaining property by false pretenses, is committed when a shopper switches a price tag on merchandise he proposes to buy so that a lower price appears on the merchandise?

Defendant was charged with larceny in a building, MCL 750.360; MSA 28.592. At the preliminary examination, a store detective for Meijer Thrifty Acres testified that she had observed defendant remove...

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